KUMARAN Vs. INCOME TAX OFFICER, CALICUT

JUDGEMENT

(1.) In this writ petition, Mr. K. V. Surianarayana Iyer, learned counsel for the petitioner, challenges two orders, namely, Ext. P. 1 dated 13-7-1959 being an order of assessment to income tax made by the respondent herein, as against the petitioner, for the year 1955-56 and Ext. P. 2 dated 20-9-1960 being again an order passed by the same officer as against the petitioner levying a penalty under S.46(1) of the Indian Income Tax Act.

(2.) The petitioner, who is an Advocate practising at Kozhikode, was appointed receiver of Saiful Bari Saw Mills in O. S. 96 of 1950 on the file of the Subordinate Judge's Court of Kozhikode. Admittedly, the suit was for disssolution of Partnership and for accounts and the petitioner further avers that he was conducting the business of the saw mills under the directions and instructions given by the court.

(3.) The petitioner further states that the Subordinate Judge's Court passed a preliminary decree in the suit itself and in pursuance of the directions contained in the decree the mills were sold and purchased by some of the plaintiffs and defendants themselves. The petitioner also handed over charge of the mills on 9-7-1955 to the purchasers and after that date the purchasers were carrying on the business of the mills. The petitioner himself applied under I. A. No. 793 of 1956 on 30-6-1956 for discharging him from the receivership and ultimately on 1-8-1957 the learned Subordinate Judge passed final orders discharging the petitioner from receivership.